https://en.sputniknews.africa/20230612/south-africa-maydomesticaterome-statute-in-light-of-putins-icc-arrest-warrant-minister-says-1059871558.html
South Africa May 'Domesticate' Rome Statute in Light of Putin's ICC Arrest Warrant, Minister Says
South Africa May 'Domesticate' Rome Statute in Light of Putin's ICC Arrest Warrant, Minister Says
Sputnik Africa
The International Criminal Court issued an arrest warrant for Russian President Vladimir Putin in March due to an alleged "unlawful deportation" of Ukrainian... 12.06.2023, Sputnik Africa
2023-06-12T19:04+0200
2023-06-12T19:04+0200
2023-06-13T11:39+0200
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South Africa is exploring a legislative reform that would domesticate the Rome Statute of the International Criminal Court in the wake of the controversy surrounding Russian President Vladimir Putin's scheduled visit to South Africa for the BRICS meeting in August, Ronald Lamola, SA justice and correctional services minister has stated.Putin's ICC arrest warrant caused diplomatic tempest in South Africa and prompted the formation of an inter-ministerial committee to investigate the legal possibilities available to the government in relation to Putin's upcoming visit. South Africa continues to be a full member of the International Criminal Court and is subject to all of the rights and obligations set forth in the Rome Statute, which mandates that each country has a responsibility to carry out its criminal jurisdiction over those who commit crimes against the United Nations, according to Lamola.As a party to the Rome Statute, South Africa is required to carry out the arrest warrant for Putin. Only in cases when a state is incapable or unwilling to conduct the inquiry and bring charges, the ICC steps in. Genocide, crimes against humanity, war crimes, and crimes of aggression were listed as the four main international crimes in the act. A case may be referred to the ICC by the UN Security Council, which gives the ICC unrestricted authority to look into all four crimes included by the Rome Statute.The case involving the Russian president, according to Zane Dangor, director-general of the Department of International Relations and Cooperation, was the first time a third-party country had been given an arrest warrant when the probe was not initiated by the UN Security Council. In March 2023, the International Criminal Court (ICC) issued an arrest order for Vladimir Putin on charges of the alleged "unlawful deportation" of Ukrainian children to Russia. In response, the Kremlin noted that the ICC's ruling had no legal power as Russia is not a party to the court. The Russian side has also repeatedly stated that the relocation of children from the combat zone was voluntary and that many of those whose homes are now safe had been returned.
https://en.sputniknews.africa/20230605/south-africa-considering-all-options-on-putin-icc-controversy-says-official-1059724784.html
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South Africa May 'Domesticate' Rome Statute in Light of Putin's ICC Arrest Warrant, Minister Says
19:04 12.06.2023 (Updated: 11:39 13.06.2023) The International Criminal Court issued an arrest warrant for Russian President Vladimir Putin in March due to an alleged "unlawful deportation" of Ukrainian children to Russia. In response, the Kremlin noted that the court's ruling was wrong and had no legal power as Russia is not a party to the ICC.
South Africa is exploring a legislative reform that would domesticate the Rome Statute of the International Criminal Court in the wake of the controversy surrounding Russian President Vladimir Putin's scheduled visit to South Africa for the
BRICS meeting in August, Ronald Lamola, SA justice and correctional services minister has stated.
"South Africa is considering a legislative amendment that would domesticate the Rome Statute so that it reflects all the articles of the Rome Statute. This includes the provision of Article 98 of the statute, which requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the UN Security Council," he stated.
Putin's ICC arrest warrant caused
diplomatic tempest in South Africa and prompted the formation of an inter-ministerial committee to investigate the legal possibilities available to the government in relation to Putin's upcoming visit.
South Africa continues to be a full member of the International Criminal Court and is subject to all of the rights and obligations set forth in the Rome Statute, which mandates that each country has a responsibility to carry out its criminal jurisdiction over those who commit crimes against the United Nations, according to Lamola.
As a party to the Rome Statute, South Africa is required to carry out the arrest warrant for Putin.
Only in cases when a state is incapable or unwilling to conduct the inquiry and bring charges, the ICC steps in. Genocide, crimes against humanity, war crimes, and crimes of aggression were listed as the four main international crimes in the act.
A case may be referred to the ICC by the UN Security Council, which gives the ICC unrestricted authority to look into all four crimes included by the Rome Statute.
The case involving the Russian president, according to Zane Dangor, director-general of the Department of International Relations and Cooperation, was the first time a third-party country had been given an arrest warrant when the probe was not initiated by the UN Security Council.
In order for the ICC to continue with a request for a person's surrender, according to Article 98, which deals with nations' commitments under international law, the ICC must first get a waiver of a person's immunity from another country, Dangor explained to MPs on the Portfolio Committee on International Relations.
In March 2023, the International Criminal Court (ICC) issued an arrest order for Vladimir Putin on charges of the alleged "unlawful deportation" of Ukrainian children to Russia. In response, the Kremlin noted that the ICC's ruling had no legal power as Russia is not a party to the court. The Russian side has also repeatedly stated that the relocation of children from the combat zone was voluntary and that many of those whose homes are now safe had been returned.
